LIEUTENANT-COLONEL R. D. McILROY Appellant v. ATTORNEY GENERAL OF, 2011 FCA 353

Federal Court of Appeal Cour d'appel fédérale Date: 20111214 Docket: A-112-11 Citation: 2011 FCA 353 CORAM: NOËL J.A. DAWSON J.A. TRUDEL J.A. BETWEEN: LIEUTENANT-COLONEL R. D. McILROY Appellant and ATTORNEY GENERAL OF CANADA Respondent Heard at Toronto, Ontario , on December 14, 2011. Judgment delivered from the Bench at Toronto, Ontario , on December 14, 2011. REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. Federal Court of Appeal Cour d'appel fédérale Date: 20111214 Docket: A-112-11 Citation: 2011 FCA 353 CORAM: NOËL J.A.

DAWSON J.A. TRUDEL J.A. BETWEEN: LIEUTENANT-COLONEL R. D.

McILROY Appellant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto , Ontario, on December 14, 2011) NOËL J.A. [ 1 ] Substantially for the reasons given by Simpson J. of the Federal Court, we agree that the Chief of Defence Staff’s decision removing the appellant from command was reasonable. [ 2 ] As to procedural fairness, we agree with Simpson J., for the reasons that she gave, that no meaningful breach was identified. [ 3 ] Finally, it was open to Simpson J. to strike the Alden Affidavit given the nature of its contents. [ 4 ] The appeal will be dismissed with costs to the respondent. “Marc Noël” J.A.

FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-112-11 APPEAL FROM THE JUDGMENT OF THE HONOURABLE MADAM JUSTICE SIMPSON OF THE FEDERAL COURT DATED FEBRUARY 9, 2011, IN DOCKET NO. T-369-09.

STYLE OF CAUSE: LIEUTENANT-COLONEL R. D. McILROY v. ATTORNEY GENERAL OF CANADA PLACE OF HEARING: Toronto , Ontario DATE OF HEARING: December 14, 2011 REASONS FOR JUDGMENT OF THE COURT BY: (NOËL, DAWSON & TRUDEL JJ.A.) DELIVERED FROM THE BENCH BY: NOËL J.A. APPEARANCES : Lloyd Hoffer FOR THE APPELLANT Jacqueline Dais-Visca FOR THE RESPONDENT SOLICITORS OF RECORD : HOFFER ADLER LLP Barristers & Solicitors Toronto, Ontario FOR THE APPELLANT Myles J. Kirvan Deputy Attorney General of Canada Toronto , Ontario FOR THE RESPONDENT